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+----- Thread: EA Sports loses at 9th Circuit (/thread-642225.html)
EA Sports loses at 9th Circuit - RiceDoc - 07-31-2013 06:18 PM
For those of you following the Keller, et al v. EA Sports case, the 9th circuit handed down a 2-1 decision about 2 hours ago rejecting EA Sports argument that its use of NCAA players' likenesses was protected as free speech under the 1st Amendment. See ARTICLE HERE
RE: EA Sports loses at 9th Circuit - Chef Owl - 08-01-2013 10:30 PM
So, what will come of it now? Will EA not be able to produce NCAA football anymore? Or will they just cease using players that resemble their real life counterparts. If this is about the cover athlete, I always thought they used someone who was technically not a student anymore, so they could be compensated for use of his likeness.
RE: EA Sports loses at 9th Circuit - RiceDoc - 08-01-2013 11:01 PM
Strictly a SWAG here, but certainly the named Plaintiffs will be taken out of future games and the plaintiffs will move forward with trying to get class certification to represent all former NCAA athletes (or at least D1 football players). As a practical matter, we probably just got closer to the O'Bannon case scenario where the athletics financial aid agreement that the athletes sign give the university the right to use and license the athletes' likeness, but nothing after graduation/expiration of scholarship. Thus, EA would get licenses from each school and only use current athletes, excluding all past athletes. The game licenses would also expire after one year! But I haven't studied it much, so that is strictly an initial reaction from me, not anything definitive and perhaps not my final thoughts on it.